Ex-employer declared bankrupcy - still owed 401K contributions, vacation pay, etc.

[DBatz]

What is the name of your state (only U.S. law)? Massachusetts

I was laid off in November and my ex-employer declared bankrupcy the first week of December. I have now come to find out that my employer did not deposit a number of 401K contributions that were withdrawn from my paycheck dating back to July, August, etc. How do I get my money and/or whom should I contact?

I also have not received my last paycheck and am owed accured vacation pay and an expense report that was submitted before being laid off. What can I do?

Thanks,

DBatz

 

[Beth3]

I have now come to find out that my employer did not deposit a number of 401K contributions that were withdrawn from my paycheck dating back to July, August, etc. How do I get my money and/or whom should I contact?

Contact the federal Department of Labor immediately and file a complaint. They have jurisdiction under federal ERISA regulations. If your employer diverted employee contributions into their general assets, then company owners and CFO's go to jail for that sort of thing. It's a criminal act. The U.S. Department of Labor Home Page

I also have not received my last paycheck and am owed accured vacation pay and an expense report that was submitted before being laid off. What can I do?

In any other State, you'd contact the State Department of Labor but in Massachusetts, I believe you contact the Attorney General's office. cbg (a regular responder here) is in Mass. and can tell you for sure.

 

[pattytx]

I'm not cbg, but that is correct. The AG's office serves as the DOL in Massachusetts.

 

[Beth3]

You mean I got one right? Shazam!

Happy holidays, Patty.

 

[Betty]

wage claim Ma.:

http://www.mass.gov/Cago/docs/Workplace/wageandhour_complaintform.pdf

 

[cbg]

Happy holidays from MA - there is a specific division of the AG's office that deals with employee complaints but I don't remember the exact name. I'd stick with Betty's link.